Intelligent Industrial Empire

Chapter 1266 Prepare to go to court with the government

"In addition, reopen an account with a Swiss bank, transfer the money overseas, and not enter the country for the time being!" Anyway, the contract was not announced, and even if the tax department came to check them, nothing was found.

"Boss, if we do this, it is very likely to cause a lot of trouble. After all, part of the funds have already arrived in the account. In addition, our contract with AMD, it was all announced..." Zhang Cui frowned Said.

Such things will indeed cause a lot of trouble.

The country’s tax system in this area has never been very clear, even though independent intellectual property rights have been developed for decades.Zhang Cui has been engaged in financial affairs for so many years. After knowing that the company had signed a multi-billion-dollar contract again, he began to lead the staff to check how the money should be taxed and how to reasonably avoid taxation. Unfortunately, they could not find it. Legal basis.

At the same time, the tax department could not find a legal basis for tax collection.

Technology patent transfer and authorization are not normal business operations of enterprises. It is about whether the transfer of intangible assets is in accordance with the normal business scope of enterprises. In China, there is no clear definition at present.

"What about the announcement? The new regulations have not provided an explanation? Ours is not computer software, nor is it a product!" Yun Fei said with a cold face."Isn't there a tax exemption application? You didn't do this?"

For these policies, Yun Fei did not study in depth.

The company has people who specialize in these policies, and there is also a large team of legal advisors.

"For this project, the company's legal department began to look for relevant legal provisions and policy guidelines after reaching an agreement. Our tax exemption needs to be reported to the provincial Science and Technology Department for approval, but the provincial government believes that ours is a normal business activity of Longteng. They asked us to provide scientific and technological investment in this area, and then the extra part was paid according to the value-added tax..." Zhang Cui said with a frown.

They had already considered these things.

However, there is no way to implement it in accordance with the new regulations, and the tax exemption procedures are not approved at all, so taxes must be paid in accordance with relevant national laws and regulations.

In China, there has not yet been a large-scale technology operating company such as Longteng. After all, few companies can have large-scale integrated research institutes such as Jiuyi Research Institute.

600 million U.S. dollars, equivalent to more than 5 billion yuan, such a huge tax can do a lot of things.The provincial government, which has not much money in its hands, is naturally not ambiguous on this.If the state finances are handed in, a large part of the local finances can also be left behind.

"What kind of value-added tax? We are not a product for sale! The state has no explicit regulations on the transfer of intangible assets, regardless of them. If the tax department wants to collect taxes, let them come to me. In addition, let the legal department be responsible. People come to me." Yun Fei was very angry.

If it is the tax of normal business, Yunfei will not be less.

My company has always paid taxes seriously in accordance with the regulations, but after the company's capital problems, domestic banks will not give itself loans, and now they are thinking about collecting taxes for such huge contractual transactions.No one will feel comfortable with such a thing.

Zhang Cui left Yun Fei's office worriedly.

The legal department of the company was originally under the management of Merck Sheler International Law Firm, but later it was not for convenience. After all, these foreigners are proficient in international law but cannot fully understand Chinese law. Everything depends on Chinese lawyers. Responsible, this will affect the company's huge legal advisory business.

Simply, Yun Fei separated China's domestic legal department separately, and the legal department with more than ten people only served the company.

This department is in charge of Mo Haisheng, the first top student of the University of Political Science and Law. This guy has not made much contribution in the company. Why did he choose to go to the sea? Yun Fei didn’t bother to ask him. After all, this guy was a judge in the system. , The status is still relatively high.

"Boss, are you looking for me?" Mo Haisheng was in his forties, and he didn't know if it was because he used too much brain, he had a common bald head among middle-aged people.I have not encountered any lawsuits about the company for such a long time.

In China, in many cases, problems are not resolved through laws.

"Regarding the technology transfer agreement between the company and AMD and Intel this time, what advice do you have from the Legal Department?" Yun Fei was not polite, and asked the head of the legal department in front of him.

"Boss, we have discussed this issue many times and we have been thinking about countermeasures these days. If we follow the Caishuizi [1999] No. 273 document, even if we don’t pay taxes, it’s not against the law. But this time Our contract is obviously because the amount involved is too large, more than 5 billion in taxes, and the local government will never let it go..." Mo Haisheng said to Yun Fei.

In 1999, the local fiscal revenue of Bashu Province did not exceed 30 billion. For such a huge tax, how could they let it go?

This is what Mo Haisheng is most worried about.

In this regard, it can be said that it is illegal for Yunfei not to pay the tax, and it can also be said that it is legal for them not to pay the tax.

Whether it is legal or not depends on the judge's personal judgment.

"Then in this case, what tax should we pay? There is a basis for us not to pay tax." Yun Fei didn't understand this a little bit. "If we go to court, what chance do we have?"

"Boss, if we go to court, we have no chance of winning. Our domestic situation, you are also very clear. Such a huge amount of tax, accounting for a fraction of the entire province, just land tax, it costs more than one billion, they do not I would give up such a huge amount of income. The reason why I didn't stay in the system was because the government was too involved in the legal system..." Mo Haisheng believes that Yun Fei knows the situation better.

After all, he has been in Yunshi Holdings for more than two years, and he has not encountered any lawsuits for such a long time.

All this is due to the relationship between Yun's Holdings and the local government, plus Yunfei's relationship with the leaders above.

The law is nothing more than favor.

What's more, everything at Yun's Holdings is strictly in accordance with legal standards.

"There is no chance of winning? What if you put aside something that has nothing to do with the law?" Yun Fei naturally understood what Mo Haisheng meant.

"We will have a 100% chance of winning." Mo Haisheng said with confidence, "Moreover, this is likely to prompt the Ministry of Finance to pay attention to this issue. After all, in China at present, the high-tech industry is growing like mushrooms after a spring rain. Even if we don’t have such a huge technology transfer business as ours, it won’t be long before such problems may arise in our country..."

Yun Fei shook his head, and did not tell this very confident guy in front of him that in the next ten years in China, there will be basically no cases of technology transfer exceeding 20 billion.

They Yun's holdings, that is Xiezi Ba Ba-the only one.

"Then prepare for a lawsuit." Yun Fei grinned. Even if the government is unwilling to file a lawsuit with them, Yun Fei will take the initiative to find the government to file a lawsuit.

"Who shall we fight with?" Mo Haisheng was taken aback for a moment. He really didn't know what Yun Fei thought. Others were afraid of lawsuits. They had to take the initiative to provoke trouble and sue the government.The matter of suing the government is very normal for foreign countries, but in China, this matter is a bit outrageous.

"Speak to the Science and Technology Department first, after all, they didn't agree to sign our tax exemption application. Then they told the tax department that they collected taxes indiscriminately..." Yun Fei was too idle.

Anyway, he doesn't want him to go to court for this matter. After the complaint, the person in charge of the company will be the plaintiff, and there will be a huge team of lawyers who go to litigation with government officials. How interesting is this lively?How attractive is it?

Yun Fei doesn't think there is any benefit to keeping a low profile.

After all, if you can't figure it out this time, there will be many things like this about Longteng Technology Operation Company in the future.

It is impossible for him to take the initiative to pay taxes without fighting for himself.

"..." Mo Haisheng was speechless suddenly, this boss is really not big enough for his idle work!

"Why, what's the problem?" Yun Fei couldn't help but feel a little dissatisfied when seeing Mo Haisheng not speaking, his face full of distress.

"No..." Mo Haisheng hurriedly shook his head.

Now even if there is any problem, he still can't say it, anyway, this matter has nothing to do with him even if he loses the lawsuit.

Yun Fei never thought that one day he would go to court with the government.I saw things like this on the Internet before, saying that some individuals sue certain departments of the government, and the lawsuits have been protracted and have to wait until after the in-depth reform of the government in the country.

And now, he doesn't believe that such a thing will happen in their company.

What he wants is not a result of winning the government, but hoping to promote the process of national legal construction.Only under a sound legal system will his original worries disappear.Why can so many people feel at ease abroad?Why are so many people unwilling to come back after going abroad?

That's because foreign countries have always followed the law strictly, not like that in China. As long as a certain boss is unhappy, a single sentence can make many lives worse.Even if the people below have evidence, suing illegal officials on behalf of the government will be delayed.He didn't want such a thing to happen to him.

He needs a sense of security.

The old man has now revoked his ban. Although he has completely offended the Japanese and the Americans are very unhappy with him, but outside, as long as he has money, there is no problem in ensuring his safety.

The most feared thing in this world is to be assassinated by those underground forces. Castro was assassinated hundreds of times in his life, and in the end he was still alive.

It is absolutely easy for the country to clean up somebody.